New York Labor and Employment Law Report
July 14, 2022
Last week, a New York State Supreme Court judge ruled that New York’s regulation establishing isolation and quarantine procedures related to COVID-19 and other highly communicable diseases is void and unenforceable.
Read More >> Judge Declares New York’s COVID-19 Isolation and Quarantine Regulation Unenforceable
July 12, 2022
On June 23, 2022, in New York State Rifle & Pistol Association, Inc. v. Bruen, the U.S. Supreme Court held that New York’s requirements for obtaining permits for the concealed carry of a firearm were unconstitutional in a decision authored by Justice Clarence Thomas. Since 1911, New York has prohibited individuals from possessing a firearm without a license.
June 14, 2022
On June 3, 2022, the New York State Legislature passed Senate Bill S9427/Assembly Bill A10477 (the Bill)—a new wage transparency law that would amend the New York Labor Law to add new Section 194-b. If enacted, the new law would require covered employers to disclose compensation or a range of compensation to applicants and employees upon issuing an employment opportunity for internal or public viewing, or upon employee request. The Bill is intended to enhance transparency around compensation and reducing any existing wage disparities among employees.
Read More >> New York Wage Transparency Law Passes Both Houses
June 6, 2022
In connection with Mental Health Awareness Month, the United States Department of Labor (USDOL) has sought to assist employers in better understanding how to comply with the Family Medical Leave Act (FMLA) as it relates to mental health conditions. Accordingly, on May 25, 2022, the USDOL issued new guidance (Guidance) and frequently asked questions (FAQs) on providing FMLA leave to employees to address their own mental health conditions or to care for a covered family member with a mental health condition.
Read More >> New Guidance from U.S. DOL on FMLA Leave for Mental Health Conditions
May 17, 2022
In February 2021, New York State Attorney General, Letitia James, filed a lawsuit against Amazon alleging that the retailer failed to sufficiently prioritize hygiene, sanitation and social distancing at its fulfillment center and delivery station in New York City.1 The Complaint also alleged that Amazon unlawfully terminated employees at those locations who complained about conditions they perceived to be unsafe.2 The Complaint asserted causes of action under various sections of the New York Labor Law (NYLL), including Sections 200, 215 and 740, all of which “relate to the obligations of New York businesses to adequately protect the health and safety of employees and to refrain from discrimination or retaliation against employees who complain about potential NYLL violations.”3
May 16, 2022
On May 12, 2022, Mayor Adams signed into law the NYC Council Amendment to the recently enacted Salary Transparency Law. In addition to postponing the law’s effective date to Nov. 1, 2022, this amendment also clarifies three other aspects of the law:
April 22, 2022
On March 15, 2022, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued a new directive addressing pay equity audits. The new Directive 2022-01 sets forth what OFCCP views as its apparent authority to obtain access to and review federal contractors’ pay equity audits that are conducted in connection with contractors’ compliance mandates.
Read More >> OFCCP’s Pay Equity Directive Takes Aim at Federal Contractors
April 11, 2022
On Nov. 10, 2021, the New York City Council passed a bill that regulates employers and employment agencies’ use of “automated employment decision tools” in making employment decisions. The bill was returned without Mayor Bill de Blasio’s signature and lapsed into law on Dec. 11, 2021. The new law takes effect on Jan. 1, 2023. This new law is part of a growing trend towards examining and regulating the use of artificial intelligence (AI) in hiring, promotional and other employment decisions.
April 7, 2022
New York entities have one month to prepare required notices to employees for certain types of electronic monitoring. On Nov. 8, 2021, Gov. Hochul signed into law an amendment to the New York Civil Rights Law, that requires any private individual or entity with a place of business in the state to provide notice to employees for certain types of electronic monitoring. The law goes into effect on May 7, 2022, pushing employers to determine the scope of their electronic monitoring activities and begin updating their policies and issuing notices to ensure compliance with the new law’s requirements prior to its effective date.
April 6, 2022
On March 29, 2022, a federal court in Upstate New York permanently enjoined New York State from requiring employers to include a government-issued “notice” of workers’ rights and remedies in their employee handbooks regarding reproductive health decisions.
April 5, 2022
On April 1, 2022, New York’s Public Health Law § 2895-b regarding nursing home staffing levels went into effect. The law, initially meant to take effect on Jan. 1, 2022, was suspended by executive order in light of ongoing staffing shortages caused by the COVID-19 pandemic. On March 31, 2022, Gov. Hochul declined to extend the suspension. Nursing homes across New York must now comply with this law.
Read More >> New York’s Nursing Home Minimum Staffing Levels Law Takes Effect
March 29, 2022
On Jan. 15, 2022, the New York City council amended the City Human Rights Law to encourage equity and transparency in pay.1 This amendment is part of larger national trend towards greater pay transparency. Several states have adopted similar laws, and the New York State legislature has introduced pay transparency legislation which is currently under consideration. On March 22, 2022, the City’s Commission on Human Rights issued guidance for employers providing some much-needed clarity in advance of the effective date. This blog post will outline the requirements of the new law, informed by that guidance, and it will provide recommendations for what employers can do now to get ready for this new compliance obligation.
